what information do i need when talking to a probate lawyer

After scheduling your first meeting, ask the attorney what information do you need to bring with you. In most cases, the required information should include the following: Death certificate The original copy of the deceased’s last will and testament, or a secondary copy of the original has already been filed with the probate court

Full Answer

What information does a probate attorney need to obtain?

Ask your lawyer what documents you should bring to the first meeting. There are several items that will help the probate attorney better understand the estate. These include: The original last will and testament (or a copy, if the original has already been filed with the probate court) Copies of any documents from the probate court

What should I bring to my first meeting with a probate attorney?

Aug 24, 2021 · In most cases, the required information should include the following: Death certificate. The original copy of the deceased’s last will and testament, or a secondary copy of the original has already been filed with the probate court. Any other documents that may have already been filed with the probate court.

Who wants to call a probate lawyer?

Oct 21, 2021 · For example, in some probate matters, a client visits the lawyer to seek help for parents or siblings. The lawyer will want to understand your relationship, why you are seeking help for the person, and why the person is unable to seek the lawyer's help personally.

How do I handle a probate case?

Any and all information you can find regarding the assets will be helpful to the attorney. This may include deeds, property information, financial planner contact information, and other documents. 7. If it looks important it most likely is When you are gathering information to bring with you to the probate attorneys office, the general rule is - "if it looks important it generally is."

How do you get around probate?

How much do probate lawyers cost in Texas?

Will preparation questions?

How much does an estate have to be worth to go to probate in Texas?

How long do you have to file probate after death in Texas?

How long does the probate process take in Texas?

What are 5 things lawyers do?

Will preparation checklist?

What should I know before making a will?

Is probate needed if there is a will?

How long does probate usually take?

Can you empty a house before probate?

What is probate law?

Many people aren’t aware of this, but probate law outlines a specific order by which creditors are paid. A probate attorney can ensure the executor knows this information so creditors can be handled legally and appropriately before closing the estate.

How long does it take to get a probate?

What needs to be filed by when? Who needs to be present or involved, and when? Perhaps most important, how long does your attorney expect this to take? Depending on the size of the estate, the answer could be anywhere between six months and a year.

How will outstanding financial obligations and bills be paid?

Another good question to ask at your first meeting is how will outstanding financial obligations and bills be paid? Typically, creditors of an estate are entitled to be paid from the estate’s proceeds before any other assets are distributed to beneficiaries. If there are not enough readily available assets available to pay creditors, the executor may have to authorize the sale of the property to cover these obligations.

Who is the executor of a will?

Usually, after a loved one has passed on, it’s the named executor of the will who meets with a probate attorney. The attorney should then clearly lay out the executor’s duties, such as managing estate property, paying outstanding bills, and distributing assets to beneficiaries. The attorney should then describe fiduciary duty and what that means for an executor’s actions.

Is probate necessary in all states?

You could even go so far as to ask if probate is even necessary. Unfortunately, not all states require it. That said, it’s still a good idea for those who wish to protect their estate against any problems in the future.

Do you need a probate attorney?

When this happens, there’s no doubt you’re going to need an experienced probate attorney guiding you through the complexities and taking swift action. To protect the estate from misuse, things need to move quickly, but you also have to be sure of your suspicions and be able to back them up.

What does a probate lawyer want to know?

In addition to a general understanding of your legal needs, the lawyer may want to know who else is involved with the case and their relationship to you. For example, in some probate matters, a client visits the lawyer to seek help for his or her parents or siblings.

What to talk about at a lawyer consultation?

At the consultation, be prepared to talk about your case. The lawyer may not too many details of your case before you sign a fee agreement, but you should be prepared just in case.

How to find a good estate lawyer?

Expertise. Specifically, find out if the lawyer will handle a case like yours. Trusts and estates lawyers often specialize in a particular area— in estate planning, probate, trust administration, special needs issues, elder care, or other specific legal issues. You want an attorney who is experienced in the area you need, but not necessarily highly specialized in other areas—otherwise you might end up paying a higher rate for specialization that doesn’t apply to your situation. You could ask how many similar matters the lawyer has handled, or what percent of the lawyer's practice is in the area of expertise that you need.

How to save money with a lawyer?

To save money and to make the most of your time with your attorney, learn about your legal issue before you talk with the attorney. For example, if you’re interested in estate planning, learn the difference between a will and a living trust. Or, if you’re looking for a lawyer to help with a probate proceeding, take a bit of time to learn about probate, what a probate lawyer does, and what parts of a probate proceeding you might be able to take care of yourself.

What to do if a lawyer doesn't ask for documentation?

Even if a lawyer doesn't ask for documentation beforehand, it's still a good idea to bring a copy of all relevant documents to the meeting. Spend some time thinking about what you may have on hand. Try to organize the documents in a logical manner before you meet with the lawyer.

How to save money on trust and estates?

Do everything you can to reduce the time that lawyer will have to spend on your case. Even eliminating one email exchange could save you hundreds of dollars. ...

How to start a relationship with an attorney?

After you decide on which attorney to hire, you’ll sign a fee agreement and officially begin your relationship with your lawyer. The first meeting with an attorney usually involves the exchange of a lot of information. You will spend a good deal of time explaining to the attorney the details of your legal issue and answering his or her questions. He or she will spend a good amount of time discussion and laying out a plan. If you think you might get nervous or forget something, you could practice this conversation with a friend, or you could write down what you want to say.

How long does it take to get a death certificate?

1. Death Certificate. It usually takes between 2-4 weeks to obtain a death certificate from the county. You certainly are not required to wait until you obtain a death certificate before you go see the probate attorney, but one will be required in order to complete the paperwork for the Court. Generally, the law office will retain ...

Do you need to bring address book to relatives?

Address book. Bring you address book for the relatives of the decedent. It may be required to provide notice to relatives (even if they are not named in the will or trust). The court requires that they receive notice at the last known address.

Who does a probate attorney represent?

Who does a probate attorney represent? Probate attorneys generally either represent an heir to an estate (a beneficiary) or the personal representative or the estate itself. Though it rarely happens, they can occasionally play more than one role.

What is probate attorney?

A probate attorney is a state-licensed lawyer who can help the Executor of a Will (if one was appointed) or the beneficiaries of an estate get through probate as they work to settle an estate. Their services could typically include everything from finding and inventorying assets of the estate, to understanding and paying all the debts the estate may have, to distributing and settling the estate, and more.

How long does probate take?

This one can widely vary. It’s not often that a probate case takes years, but it’s been known to happen. The longer things drag on, the more expensive they can become - knowing ahead of time how long your attorney estimates the process to be can be helpful (particularly if they will be charging you hourly). Keep in mind, there can be unanticipated delays that arise.

How stressful is probate?

Probate can be long, arduous and stressful...not to mention expensive and time consuming. Navigating it on your own can feel like just too much after losing your loved one.

When does probate begin?

If needed, probate begins soon after you lose a loved one. Probate is a legal proceeding validating a Will (in cases where the decedent has one) to settle an estate. If the decedent passes away without a Will (or other Estate Plan in place), it’s said he or she died intestate, and the estate would go through probate in this instance, too.

Can a decedent have probate?

If the decedent had just a Will, there’s no way around it: you’re going to have to deal with probate. So the next logical step is to evaluate how complicated the estate is, and thereby how difficult probate will be. Obviously, the more complicated an estate is, the more alluring an attorney may seem. If the decedent had a well-set up Trust in place, on the other hand, a probate attorney may not be necessary at all.

Do probate attorneys charge for estate planning?

Probate attorneys are qualified to help with the actual Estate Planning process too, although they tend to charge a high fee for the basics like setting up guardianship, creating a Will or writing a Trust. Online companies like Trust & Will make personalized Estate Planning easy, convenient and affordable, all without the involvement (and cost!) of an outside attorney.

How to handle probate?

The conventional way to handle a probate is to turn it over to a local lawyer who's experienced with this area of the law. You can't exactly sit back and relax—it's still your responsibility to gather and safeguard assets, pay bills, and take inventory, just for starters. But you may feel better knowing that an expert is handling all the court-related tasks, which in a probate usually means preparing and filing paperwork. (Unless there's a dispute, which is rare, there won't be any adversary proceedings in the courtroom.)

What can a lawyer give you?

The lawyer can give you a list of important dates— for example, when is the cutoff for creditors to submit formal claims, and when will the final probate court hearing be held. Talk to a Lawyer.

What to do when beneficiaries call you?

Keep on top of how the case is going. The beneficiaries will probably call you, not the lawyer, when they get impatient about collecting their inheritances, so you'll want to be able to explain what's happening with the case and when they can expect their money. The lawyer can give you a list of important dates—for example, when is the cutoff for creditors to submit formal claims, and when will the final probate court hearing be held.

How to get help with executor?

There are essentially two ways to get help from a lawyer when you're an executor: You can turn a probate case over a lawyer, or you can take on primary responsibility for handling the probate yourself and consult a lawyer only when you have questions or need limited help.

What do you do when you die and file taxes?

prepare and file the deceased person's final income tax return (and one for the estate, if necessary).

How to keep beneficiaries up to date?

It's a good idea to be in touch regularly with beneficiaries; otherwise they may not understand what's going on and how long the process takes. Sending periodic letters or emails is an easy way to keep folks up to date. You might ask the lawyer to look at your communications before you send them, to make sure you're getting everything right.

What is wrapping up an estate?

Wrapping up an estate always involves sorting through the deceased person's papers—lots of them—and making phone calls to various agencies and institutions—lots of them. You can take on a lot of this work yourself; a lawyer is not required.

Why do you need a probate lawyer?

Most importantly, however, hiring a probate lawyer will help you focus on what really matters, which is mourning your loved one who passed away and being with family and friends.

How many years of experience do probate lawyers have?

Any probate lawyer you work with should have at least several years of experience. If your case is complicated, you should also make sure they have worked in similar circumstances. This way you know they can handle any problems that come up along the way.

What to do if someone passes away with life insurance?

Handling the proceeds from life insurance. Filling out any necessary documents. If the person who passed away had any debt or bills they failed to pay, a probate lawyer will also advise the executor of will on the best way to handle these issues.

What happens when a person passes away?

When a person passes away, they leave behind a number of assets, such as their personal belongings, a home, money, etc. Most people appoint an executor of will to be in charge of disbursing these assets to any other beneficiaries. This process can often be complicated and confusing.

Can a lawyer assist you with probate?

The true answer depends on what you need help with and where the lawyer would be able to assist you. These types of lawyers are specialized to be able to perform a number of tasks involved with the probate process on your behalf.

Can a probate lawyer help with an estate?

For cases like these, you can hire a probate lawyer to help the administrator of the estate (which is kind of like the executor of will) through the process. They may still be able to perform all the same jobs, but they may be limited by ...

What should an experienced attorney know?

An experienced attorney should be able to tell you which nuances of your case may cause delays and how to plan for them. Knowing this information in advance can help you obtain any necessary paperwork in advance, saving time. 6.

Do probate attorneys know immigration?

Some attorneys know immigration very well, others are proficient with criminal law, yet others primarily focus on real estate closings. When hiring a probate attorney, ask them (or look at their website) about other areas of law they practice.

What is the first step to take when you wind up an estate?

If you read the conventional advice for executors, the first step is usually "hire a lawyer. ". And you may well decide, as you wind up an estate, that you want legal advice from an experience lawyer who's familiar with both state law and how the local probate court works. Not all executors, however, need to turn a probate court proceeding ...

Can you wrap up an estate alone?

(If you don't know the answers, ask a lawyer—before you agree to hire the lawyer to handle things for you.) The more questions you answer with a "yes," the more likely it is that you can wrap up the estate without a professional at your side.

Can assets be transferred to a deceased person without probate?

Ideally, all assets can be transferred to their new owners without probate court. Some common examples of assets that don't need to go through probate are assets are held in joint tenancy, survivorship community property, or tenancy by the entirety. Assets held in a living trust can bypass probate, too. Probate is also unnecessary for assets for which the deceased person named a beneficiary—for example, retirement accounts or life insurance policy proceeds.

Do family members get along in a will contest?

Are family members getting along? Will contests are rare, but if a family member is making noises about suing over the estate, talk to a lawyer immediately. Probate lawsuits tear families apart and can drain a lot of money from the estate in the process. A lawyer may be able to help you avoid a court battle.

Is there enough money in an estate to pay debts?

If, however, your initial investigation reveals that there may not be enough money in the estate to pay debts and taxes , don't pay any bills before you get legal advice. State law gives some creditors priority over others.

Do you have to give consent to a text message from Martindale-Nolo?

You are not required to provide consent as a condition of service. Attorneys have the option, but are not required, to send text messages to you. You will receive up to 2 messages per week from Martindale-Nolo. Frequency from attorney may vary. Message and data rates may apply.

Is probate simple in UPC?

In UPC states, most probates are conducted with minimal court supervision. A few other states have simplified their procedures without adopting the UPC.